McDonald v. Dudek

Appellate Division of the Supreme Court of New York

McDonald v. Dudek

100 A.D.2d 839, 473 N.Y.S.2d 841, 1984 N.Y. App. Div. LEXIS 17945

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 2, 1984

StatusPublished

Cited by2 cases

This text of 100 A.D.2d 839 (McDonald v. Dudek) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McDonald v. Dudek, 100 A.D.2d 839, 473 N.Y.S.2d 841, 1984 N.Y. App. Div. LEXIS 17945 (N.Y. Ct. App. 1984).

Pincite

Opinion

In an action to recover damages for personal injuries, etc., plaintiff appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), entered June 9, 1983, which denied his motion for partial summary judgment against defendant Stanley Dudek. I Order affirmed, with costs. H The affidavit in support of the motion for pártial summary judgment against defendant Dudek failed to rule out the existence of triable issues of fact. In the absence of a sufficient affidavit in support of the motion, the failure of Dudek himself to supply an affidavit in opposition cannot be the basis for granting summary judgment to the plaintiff (Coley v Michelin Tire Corp., 99 AD2d 795). Mangano, J. P., Gibbons, Weinstein and Niehoff, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for personal injuries, etc., plaintiff appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), entered June 9, 1983, which denied his motion for partial summary judgment against defendant Stanley Dudek. I Order affirmed, with costs. H The affidavit in support of the motion for pártial summary judgment against defendant Dudek failed to rule out the existence of triable issues of fact. In the absence of a sufficient affidavit in support of the motion, the failure of Dudek himself to supply an affidavit in opposition cannot be the basis for granting summary judgment to the plaintiff (Coley v Michelin Tire Corp., 99 AD2d 795). Mangano, J. P., Gibbons, Weinstein and Niehoff, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

100 A.D.2d 839, 473 N.Y.S.2d 841, 1984 N.Y. App. Div. LEXIS 17945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdonald-v-dudek-nyappdiv-1984.

Opinion

Related

Cite This Page — Counsel Stack